Posted By The Stone Law Firm, LTD || 17-Jul-2018

In September 2017, 14-year-old Elijah Starks of Fremont, OH was accused
of murdering his cousin, Jaylen Brock. The State filed a motion to have
him bound over to adult court, despite the fact that he was only 14 when
the alleged murder occurred.

Moved by compassionate and indignation at the unfair motion to try Starks
as an adult, Attorney Adam Stone took his case and gathered witnesses
to testify about Starks and give the court a more complete perspective
on his character and personal history. Several teachers from Fremont Middle
School testified (some tearfully) about Starks’ positive behavior
in school and the good relationships they shared with him. Starks’
choir teacher, Tammy Martin, said “He’s a sweet boy who was
struggling, like a lot of kids do his age, to find their way.”

Even Shirley Stacey, Starks' and Brock’s aunt, said, “I
am not in favor of the bind-over. He’s a kid. He does not think
like an adult. He should be tried as a juvenile.”

Attorney Stone Challenges Bind-Over to Adult Jurisdiction, Provides Evidence
that Starks Is Unfit to Be Tried as an Adult

Several officers from the Department of Youth Services facility at Indian
River testified about Starks’ behavior during his detention. There
was a point where Starks stole juice packets from a DYS officer and returned
them later, and another incident in which he assaulted 5 DYS officials
after a meeting with Psychologist John Fabian was cancelled. During his
time at the facility, Starks was receiving counseling and therapy for
PTSD, ADD, and other mental health issues exacerbated by adolescence and
detention.

Attorney Stone presented evidence that Starks was receptive to disciplinary
action, remorseful about his actions, and no more than a troubled child.
Stone argued that Starks was just, “a kid dealing with frustrations
of the system,” and that he acted out against DYS staff, “like
a kid.”

Starks leaned on Stone during the closing arguments and cried on his shoulder,
just like any normal child. Stone made a strong case for Starks’
youth, lack of prior treatment and diagnoses, physical and mental inability
to function as an adult, and unsuitability to be tried as an adult.

Update: Judge Denies State’s Motion to Bind Stark Over to Adult Court

As of July 23, 2018, Judge Brad Smith ruled that jurisdiction over Starks’
case will not be transferred over to adult court, though he will be tried
as a child for aggravated murder. Stone brought in 13 witnesses, one of
which being a neuropsychologist who affirmed that Starks cannot be regarded
as an adult, and Judge Smith ruled in favor of keeping Starks where he
belongs: in juvenile court.

This means that even if Starks is convicted of murdering his cousin, he
will not be sentenced to life in prison or be subjected to any other adult
punishments.

According to a
report from the Fremont News Messenger, Dr. Fabian’s testimony was particularly impactful and contributed
greatly to Judge Smith’s decision to block the state’s motion
to transfer Starks to adult court. Smith’s decision mentions Fabian’s
remarks: “In making this decision, the testimony of Dr. Fabian stands
out the most persuasively, and as the state argued in closing, his opinion
should be given the most weight.”

Judge Smith’s opinion proves that skillful, clear presentation of
the facts can lead to just, appropriate treatment for people like Elijah
Starks. Our firm is pleased to serve Starks and his family during this
matter and proud to have ensured he will be tried in juvenile court.

Attorney Adam Stone adamantly opposes unfair juvenile bind-over and is
passionate about ensuring minors are treated as exactly that when accused
of a crime. In cases of serious criminal accusations like murder, courts
may rush to
try juvenile as adults.

Attorney Stone fights for the rights of minors and fair application of
the law to juvenile criminal cases. Our firm can help you protect your
child’s rights and work to prevent them from being unjustly bound
over to adult jurisdiction. If your child is facing criminal charges,
reach out to our team at
The Stone Law Firm, LTD today.